Definitions
This data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). The following terms are used in this privacy policy, among others: personal data, data subject, processing, restriction of processing, profiling, controller, recipient, third party, consent. The following link will provide you with information on how the definitions are to be understood within the meaning of the GDPR:
Name and contact details of the controller
This data protection information applies to data processing by:
Responsible person:
- Indalmarkt GmbH
- Frierichstr. 95, 10117 Berlin
- E-mail address: indalmarkt@indalmarkt.de
- Managing Director: Jose Gabriel Bayo Garcia
Collection and storage of personal data, as well as the nature and purpose of their use
We use this data,
- to be able to identify you as our customer;
- in order to process, fulfil and process your order;
- for correspondence with you;
- for invoicing;
- for the settlement of any liability claims and the assertion of any claims against you;
As part of your registration and order processing, we will obtain your consent to process this data.
The data processing takes place in response to your order and is required in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR for the purposes mentioned for the appropriate processing of your order and for the mutual fulfilment of obligations arising from the purchase contract.
The personal data required to process your order will be stored by us until the expiry of the statutory retention period and then deleted, unless we are obliged to store it for a longer period of time in accordance with Article 6 (1) sentence 1 lit. c GDPR due to tax and commercial law retention and documentation obligations (from HGB, StGB or AO) or you have consented to further storage in accordance with Article 6 (1) sentence 1 lit. a GDPR.
Forwarding of data
Your personal data will only be passed on by us to third parties to the service partners involved in the processing of the contract, such as the logistics company commissioned with the delivery and the credit institution commissioned with payment matters. However, in cases where your personal data is passed on to third parties, the scope of the data transmitted is limited to the minimum necessary.
When paying via PayPal, credit card via PayPal, direct debit via PayPal or "purchase on account" via PayPal, we pass on your payment data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), as part of the payment processing. PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or "purchase on account" via PayPal. PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report may contain probability values (so-called score values). If score values are included in the result of the credit report, they are based on a scientifically recognised mathematical-statistical procedure. Among other things, address data is included in the calculation of the score values. Further data protection information can be found in the PayPal Privacy Policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Your personal data will not be transferred to third parties for purposes other than those mentioned above.
We also only pass on your personal data to third parties if:
you have given your express consent to this in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,
the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
in the event that there is a legal obligation for disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, and
this is legally permissible and necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR.
As part of the ordering process, you will be asked to consent to your data being passed on to third parties.
Rights of data subjects
You have the right:
to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by me;
to demand the erasure of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
in accordance with Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is disputed by you, the processing is unlawful but you refuse to delete it and we no longer need the data, but you need it for the assertion, exercise or defence of legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR;
in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller;
in accordance with Art. 7 para. 3 GDPR, to revoke your consent once given to us at any time. The consequence of this is that we may no longer continue the data processing that was based on this consent in the future and
to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters.
Right of objection
If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons for this arising from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right to object, which will be implemented by me without specifying a particular situation.
If you would like to exercise your right of cancellation or objection, simply send an e-mail to: indalmarkt@indalmarkt.de
Data security
We also use suitable technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.
Up-to-dateness and amendment of this privacy policy
This privacy policy is currently valid and is dated April 2023.
It may become necessary to amend this privacy policy as a result of the further development of the website and the services offered on it or due to changes in legal or official requirements. The current privacy policy can be found at the end of our General Terms and Conditions (GTC). You can view the privacy policy there at any time.
Final provisions
The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.
Legal Details
- Indalmarkt GmbH
- Friedrichstr. 95, 10117 Berlin
- E-Mail: indalmarkt@indalmarkt.de
- Tel: +49 3022908980
- USt-ID: DE355868822
- Business owner: Jose Gabriel Bayo Garcia